EXECUTIVE SUMMARY.
Kenya has suffered some fatal attacks. Sad moments that are inked into the memory of Kenyans. The Kenyan counter terrorism unit foils a lot more of such attacks yearly. While Terrorism is a global challenge, the intensity and the coordination of the militants has increased the adoption of hard security policies that have often trampled upon human rights.
This policy brief is intended to help policy makers on how a focus on upholding human rights in the face of the fight against terrorism can lead to greater results in making the fight on terrorism more successful. There is a greater need more than ever now – with the changing dimensions of Terrorist organizations like Alshabab – to have a strong and greater homeland security without trampling over human rights.
There is a greater need more than ever now – with the changing dimensions of Terrorist organizations like Alshabab – to have a strong and greater homeland security without trampling over human rights.
Kenya’s counterterrorism policy has witnessed an increasing focus on military and policing as a counter terrorism strategy that has not achieved much when it comes to thwarting the threat of the terrorist organization Alshabab- a strategy that has faced numerous criticism locally and internationally.
This policy brief is intended to help such leaders focus on human rights protection in drafting and regulating the country’s counter terrorism strategy.
Policy makers responsible for making and regulating the country’s counter terrorism strategy have either ignored the evidence or have not put into an understanding of how a refocus on human rights protection can help combat the emerging threats and destabilize the radicalization process that the terrorist group relies on across the country.
This policy brief is intended to help such leaders focus on human rights protection in drafting and regulating the country’s counter terrorism strategy.
The critical aspect of a successful counterterrorism policy is the complete upholding and protection of human rights that the public will have trust in the process often with huge assistance with the local communities along the borders of the country.
Setting up a strong basis for such compliance on human rights for security officials can build credibility, enhance trust in the arrests made by the government and instill a bigger responsibility for cooperation between local communities and the government. For this reason, much of the work to make a successful counterterrorism policy will have to rest on upholding human rights.
INTRODUCTION.
It’s been 20 years since the attack on the US embassy in Kenya’s capital Nairobi by the Al Qaeda terrorist group. A suicide bomber detonated two truck bombs killing 200 people and injuring scores of people. It’s been 6 years since Al Shabab attacked the West gate mall attack that killed 71 people injuring hundreds. It’s been 4 years since the fatal Garissa university terrorist attack by Al-Shabab that killed 142 students and injured many others. It’s not been even a year since the Dusit D2 Hotel attack that killed at least 21 people and injured many others. Kenya’s insecure borders shared with Somalia have not helped the country’s fight against terrorism.
Kenya’s insecure borders shared with Somalia have not helped the country’s fight against terrorism.
Historically, Kenya’s vulnerability to terrorist attacks has been associated with its perceived closeness to Western powers (Mazrui, 2018). However, analysis of more recent trends have focused on Kenya’s military role in the region and the widespread recruitment of Kenyan youth into terrorist activities. Studies on the rise of extremist recruitment suggest that radicalization in Kenya is driven by perceived marginalization, socioeconomic inequalities, and high levels of unemployment (Mazrui, 2018).
Government efforts to counter this radicalization and rise in terrorism have resulted in sweeping police powers that have been used to perpetrate human rights abuses and silence government critics. The main antiterrorism legislation, the 2012 Prevention of Terrorism Act, provides only a vague definition of terrorism, greatly expands police powers, and allows the state to create lists of suspected terrorists and terrorist organizations without due process (Mazrui, 2018). In addition, the pervasive powers granted by the law have been to take abusive actions against organizations in contravention of constitutional requirements (KNCHR, 2015; Freedom House, 2016)
In a 2015 report, the Kenya National Commission on Human Rights (KNCHR) documented over 120 cases of egregious human rights violations, including 25 extrajudicial killings and 81 enforced disappearances, since the start of the crackdown against terrorism in 2013 (KNCHR, 2015). The Anti-Terrorism Police Unit (ATPU), a law enforcement agency, has come to be associated mainly with extrajudicial killings (Human Rights Watch, 2014).
In December 2006 and January and February 2007, at least 150 people, including children, of 21 nationalities 2 were arbitrarily detained in Kenya. Many were fleeing to Kenya from the conflict in Somalia. The individuals were first held in Kenya for several weeks without charge. The majority were denied access to a lawyer, consular assistance, the ability to challenge the legality of their detention or consideration of their potential refugee status.
Some former detainees have alleged that they were tortured; that the conditions of their detention amounted to cruel, inhuman or degrading treatment or punishment; and that they were interrogated by the intelligence services of foreign governments. (A Report by REDRESS and REPRIEVE in February 2009 addresses these challenges extensively)
The brief is intended to
| Promote respect for human rights and the rule of law as the fundamental basis of the fight against terrorism. |
| Promote compliance with human rights as an integral part of assistance to States in the development and implementation of counter-terrorism-related legislation and policy. |
APPROACH.
Three options for a successful fusion of human rights into the counterterrorism policy.
| To provide input to easily accessible, practical and operational human rights guidelines in regard to counter-terrorism measures particularly aimed at police, security and military on dealing with suspects. |
| human rights accordingly are taken into consideration at all levels, including the operational levels |
| And that everyday practices respect individual human rights at all times. |
WHY FOCUS ON HUMAN RIGHTS.
Acts of terrorism negatively impact the enjoyment of human rights, they deprive people of their right to life as well as their ability to fully enjoy social, economic and cultural rights, including the rights to health, education and to an adequate standard of living. It is precisely to protect the right to life, liberty and security of the person, as well as to fulfil economic, social and cultural rights, that States have a duty to take effective measures to prevent and counter terrorism.
However, for measures to effectively prevent, deter and investigate acts of terrorism, they must be grounded in respect for human rights and the rule of law. Failure to do so risks generating the opposite effect and exacerbating feelings of victimization and marginalization, which in turn make individuals more likely to resort to violence.
BENEFITS OF A HUMAN RIGHTS FOCUS.
- A human rights based counter terrorism strategy informs a policing and prosecution approach that ensures undesired radicalisation and alienation do not ensue.
- Human rights based approaches are important, and they make countering terrorism easier in the long run: they are right in principle and, partly for this reason, they work in practice.
- It’s important to frame counter-terrorist measures in ways that continue to present security and development as interlinked in positive ways. And adherence to rule of law principles as the means to realise human rights provides that link.
CONCLUSION.
It is arguable that one factor in particular will distinguish this decade from the previous one: the probable shift from mere rhetoric about appropriate counter-terrorist responses to greater manifestation of these responses. In an ideal world, a greater degree of adherence to best practice in terms of policing and prosecution would come about by internalising the principles of the UN global counter-terrorist framework.
If a longer-term view is taken, where officials remain convinced about human rights issues (Without seeing them as ‘soft’ on terrorism), then the fight against terrorism in Kenya should achieve far much better results that aims to undercut the radicalizations campaigns of the fringe terrorist organization Alshabab.